Firm Lawyers Obtain Summary Judgment in Federal Products Liability Case

June 2, 2010

Two of the firm's partners, Lloyd E. Williams, Jr. and Hanson L. Williams, recently obtained summary judgment in the case of Abbott vs. Maplan and Starlinger, which was pending in the United States District Court for the Northern District of Illinois.  Maplan manufactured and Starlinger distributed a machine used by plaintiff's employer, NISCO, to form rubber seals for automobile windshields.  The machine was designed with a safety cage so that an operator could not insert his hand in the hot mold during the machine's operation.  NISCO wanted the machine redesigned so that two of the machines could be used concurrently while placed side-by-side.  This would have resulted in openings in the cage where the operator could insert his hand.  Maplan refused to redesign the machines, so NISCO removed the safety cage and inserted a new one with holes on the sides.  Starlinger learned of this and warned it was unsafe.  Plaintiff got his hand caught in the mold and was severely burned and lost several fingers, leaving his hand virtually useless.  Plaintiff's expert, Ralph Barnett, said the machine was unreasonably dangerous because Maplan and Starlinger knew NISCO would alter it, and they should not have sold it to NISCO.  He also contended there were devices which could have been inserted in the machine to make it safe, even after NISCO altered it.  The defendants' motion for summary judgment contended that there was no question of fact, since there was no duty not to sell a machine which was safe at the time of sale, even if they knew NISCO would alter it after purchase, making it unsafe.